Revolutionary War Pension and Bounty Land Warrant Application File S. 16,365, James Divin, Va.

SERVICE
Va.
Divin, James
NUMBER
S. 16365
carded.
CONTENTS
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16.365 INVALID.
File No. 16,365
James Divin Ensign Rev War
Act: June 7" 32
Index:—Vol. A , Page 97
[Arrangement of 1870.]

Kentucky. 4912
James Divin
Lincoln in the State of Ky. who was a En: in the Comp y commanded by Captain Brewer of the Reg t commanded by Col Boyd -- in the Va. line for 1 year from
Inscribed on the Roll of Kentucky - at the rate of 120 - Dollars --- Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 th day of Jan y and sent to Hon R.P. Fletcher, Governor of Ky.
Arrears to 4th of Sept 1832 180- Semi-ann l . allowance ending 4 th March 60-
$240-
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Nathan Rice Clerk Book D Vol. 9 Page 36-

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Dwin which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No The different forms and their length should be stated, an allowance can be made for the time only in which the claimant was in actual service. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
two citizens, one of them a witness
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
1, 2, 3, 4, 5, 6, 8, 7.
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Hon. R. P. Fletcher HSP
$120 per ann
I would consent to waive for the present on the part of the applicants all claim for Pension except for twelve months as an ensign.
I believe applicant is a man of good character in his neighbourhood, and I know F. Hall his witness is a gentleman of good standing for virtue and honesty.
R. P. Fletcher

Declaration in order to obtain the benefit of the Act of Congress passed June the 7 th 1832
State of Kentucky Lincoln County, ss.
On this 24 th day of September 1832, personally appeared, in open court, before the Justices of the Court of Lincoln County, now sitting, James Davis, a resident of the said County of Lincoln in the State of Kentucky, aged eighty four years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers, and served as herein stated. He states that he was an Ensign in Capt. Prewitt's Company of Virginia Militia, and was called into service as an officer of that grade; he was commanded by General Green, and if he is not mistaken, his Colonel's name was Boyd, but he will not state that he was under Boyd any length of time if at all; he thinks he served more than six months this tour, but his memory is so much impaired by age, he can not be confident; he states that he entered the service in Pulaski County Virginia, being at that time a resident of that County, he cannot recollect the year, but it was some time before the surrender of Lord Cornwallis; he thinks he was discharged in Bedford County Virginia, at which time he was commanded by Col o Hawkins; he states he was in no battle during this campaign, but the battle of Guilford was fought, and before he was discharged, and he should have been in the battle he expects, but he was sent after some troops that had deserted, and in that way missed the battle.
He further states that he entered the service again as a Militia Man from Pulaski County Virginia, and was

in service during the Battle  Siege of Ninety Six; that he was an Ensign, and called in to service as such; he states that he was not in the Siege, having been sent with some Prisoners to Albemarle in Virginia; if he is not mistaken there was also a campaign of six months, and he was again discharged in Bristol, having delivered the Prisoners to Col o Caloway; he states that he has lost his discharge and has no documentary evidence of his service -
He further states that he was several campaigns against the Indians during the Revolutionary War, he was under Col o Christian, the other officers he does not recollect, nor can he state by whom he was discharged from service, nor the length of time; nor can he state the time he was called into service or the time he left it, so much has his memory become impaired by age and infirmity.
He thinks in all he served two or three years.
He hereby relinquishes every claim whatever to a pension, or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
James his Brian Trask
1858

I Samuel Duncan residing in the County of Lincoln
We Samuel Duncan and Joseph Hall residing in the County of Lincoln and State of Kentucky hereby certify that we are well acquainted with James Diven who has subscribed and sworn to the foregoing declaration, and we believe him to be eighty four years of age; that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion - And the said Samuel Duncan further states that James Diven to his knowledge was out on campaign the one stated by him during, or at the time of the siege of Ninety Six. He states that he was in the siege and believes the said Diven as he states, was sent in charge of Prisoners, some where, but the particulars he is not able to state - The said Diven and this affiant lived in the same County, Pylesylvania in Virginia and he knows that Diven went out as an Ensign, but he is unable to state the time of his service, or the time of his discharge; he states that Diven and himself were together in the March towards Ninety Six upwards of one hundred miles.
Sworn to and subscribed the day and year aforesaid
his Samuel T. Duncan mark
Jo s , Hall -

Lincoln County Set
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states, and the Court further finds finds it appears to them that the Samuel Duncan & James Diven are residents of Lincoln County State of Kentucky, are credible persons and that this statement is entitled to credit
Wm. Shanks M.D. S.C. George Helm J.P. Jonathan O Bryan J.P.
State of Kentucky Lincoln County
I Thomas Helm Clerk of the Court of Lincoln County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Diven for a pension, & I do further certify that
Wm Shanks George Helm & Jonathan O. Bryan are justices of the peace & composed the Court at the time the foregoing application was made, & that their signatures annexed, are their genuine signatures. In testimony whereof I have hereunto
subscribed my name & affixed the seal at my office this 28th day of September 1832
Thomas Helm Clerk
See Contention